GULLEDGE et al v. CABARRUS COUNTY BOARD OF EDUCATION et al
| North Carolina Middle District Court | |
| Judge: | David A Faber |
| Referred: | Joi Elizabeth Peake |
| Case #: | 1:24-cv-00916 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Oct 31, 2024 |
| Case in other court: | CABARRUS COUNTY SUPERIOR COURT, 24CVS003448-120 |
| Last checked: Tuesday Apr 29, 2025 4:38 AM EDT |
|
Defendant
CABARRUS COUNTY BOARD OF EDUCATION
|
Represented By
|
|
Defendant
WILLIAM DAVIS
|
Represented By
|
|
Defendant
TANYA STATON
|
|
|
Plaintiff
CATHERINE GULLEDGE
|
Represented By
|
|
Plaintiff
DAVID GULLEDGE
|
Represented By
|
GPO
May 07 2025
MEMORANDUM OPINION AND ORDER signed by SENIOR DISTRICT JUDGE DAVID A. FABER on 05/07/2025, the Board's motion to dismiss (ECF No. 11) is GRANTED as to plaintiffs' state law tort claims, and DENIED as to the rest of plaintiffs' claims. Plaintiffs' motion to amend the operative complaint to correct Staton's first name (ECF No. 32) is GRANTED. The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record. (lg) |
| Docket last updated: 05/12/2025 11:59 PM EDT |
| Wednesday, May 07, 2025 | ||
| 33 | 33
23
pgs
order
Memorandum Opinion and Order
Wed 05/07 4:07 PM
MEMORANDUM OPINION AND ORDER signed by SENIOR DISTRICT JUDGE DAVID A. FABER on 05/07/2025, the Board's motion to dismiss (ECF No.11 ) is GRANTED as to plaintiffs' state law tort claims, and DENIED as to the rest of plaintiffs' claims. Plaintiffs' motion to amend the operative complaint to correct Staton's first name (ECF No.32 ) is GRANTED. The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record. (lg) |
|
| Monday, April 21, 2025 | ||
| 32 | 32
motion
Amend/Correct
Mon 04/21 3:14 PM
MOTION to Amend/Correct9 Amended Complaint,2 Complaint, by CATHERINE GULLEDGE(as Guardian Ad Litem for A.C., a minor), CATHERINE GULLEDGE, DAVID GULLEDGE.(PELLINGTON, JOSEPH) |
|
|
Att: 1
Text of Proposed Order Proposed Order Granting Plaintiffs' Motion to Amend Party Name
|
||
| Tuesday, April 15, 2025 | ||
| 31 | 31
answer
Answer to Complaint
Tue 04/15 1:52 PM
Amended ANSWER to Complaint with Jury Demand (to First Amended Complaint #9) by WILLIAM DAVIS. (SWEET, TAYLOR) |
|
| 30 | 30
service
Acceptance of Service by Counsel
Tue 04/15 1:44 PM
ACCEPTANCE OF SERVICE of summons and complaint by counsel on behalf of William Davis, in his Individual Capacity on March 4, 2025. (SWEET, TAYLOR) |
|
| 29 | 29
notice
Notice of Attorney Appearance
Tue 04/15 11:40 AM
NOTICE of Attorney Appearance by attorney TAYLOR SWEET on behalf of Defendant WILLIAM DAVIS (SWEET, TAYLOR) |
|
| 28 | 28
notice
Notice of Attorney Appearance
Tue 04/15 11:37 AM
NOTICE of Attorney Appearance by attorney PATRICK HOUGHTON FLANAGAN on behalf of Defendant WILLIAM DAVIS (FLANAGAN, PATRICK) |
|
| Tuesday, March 25, 2025 | ||
| 27 | 27
answer
Answer to Amended Complaint
Tue 03/25 3:43 PM
ANSWER to Amended Complaint (Official & Individual Capacity) by WILLIAM DAVIS. (SWEET, TAYLOR) |
|
| Friday, March 21, 2025 | ||
| 26 | 26
service
Acceptance of Service by Counsel
Fri 03/21 1:26 PM
ACCEPTANCE OF SERVICE of summons and complaint by counsel on behalf of William Davis on March 4, 2025. (SWEET, TAYLOR) |
|
| 25 | 25
notice
Notice of Attorney Appearance
Fri 03/21 11:30 AM
NOTICE of Attorney Appearance by attorney PATRICK HOUGHTON FLANAGAN on behalf of Defendant WILLIAM DAVIS (FLANAGAN, PATRICK) |
|
| 24 | 24
notice
Notice of Attorney Appearance
Fri 03/21 10:13 AM
NOTICE of Attorney Appearance by attorney TAYLOR SWEET on behalf of Defendant WILLIAM DAVIS (SWEET, TAYLOR) |
|
| Thursday, March 20, 2025 | ||
|
utility
Set/Reset Deadlines/Hearings
Thu 03/20 1:50 PM
Set Deadline: WILLIAM DAVIS answer due 3/25/2025. (lg) |
||
| Tuesday, March 18, 2025 | ||
| 23 | 23
service
Acceptance of Service by Counsel
Tue 03/18 3:19 PM
ACCEPTANCE OF SERVICE of summons and complaint by counsel Taylor Sweet on behalf of William Davis on 03/04/2025. (PELLINGTON, JOSEPH) |
|
| Monday, March 10, 2025 | ||
|
utility
Case Reassigned
Mon 03/10 9:13 AM
Case Reassigned to SENIOR DISTRICT JUDGE DAVID A FABER. JUDGE LORETTA C. BIGGS no longer assigned to the case. (See Doc. 22) (Powell, Gloria) |
||
|
utility
Motions Submitted
Mon 03/10 9:41 AM
Motions Submitted:11 MOTION to Dismiss Amended Complaint to SENIOR DISTRICT JUDGE DAVID A FABER. (Powell, Gloria) |
||
| Thursday, March 06, 2025 | ||
| 22 | 22
1
pgs
order
Order
Thu 03/06 9:04 AM
DESIGNATION OF A UNITED STATES JUDGE FOR SERVICE WITHIN THE CIRCUIT. Pursuant to the authority vested in me by Title 28, United States Code, Sections 292(b) and 294(c), I do hereby designate and assign the Honorable David A. Faber to perform the duties of district judge in the United States District Court for the Middle District of North Carolina for the period of February 14, 2025, through June 30, 2025, and for such time as needed in advance to prepare and thereafter as required to complete unfinished business in the matters. (Powell, Gloria) Modified to include Designation Order and NEF regenerated. (Powell, Gloria) |
|
| Monday, February 03, 2025 | ||
| 21 | 21
respm
Reply to Response to Motion
Mon 02/03 2:26 PM
REPLY, filed by Defendant CABARRUS COUNTY BOARD OF EDUCATION, to Response to11 MOTION to Dismiss Amended Complaint filed by CABARRUS COUNTY BOARD OF EDUCATION. (SMITH, DANIEL) |
|
| Tuesday, January 21, 2025 | ||
| 20 | 20
1
pgs
order
Order on Motion for Extension of Time-Other
Tue 01/21 5:12 PM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 01/21/2025, that the Motion [Doc. #18 ] is GRANTED and that the time for the Plaintiffs to serve Defendants Staton and Davis shall be extended, and service must be made by April 21, 2025. (lg) |
|
|
utility
Motions Referred
Tue 01/21 7:13 AM
Motion Referred: RE:18 MOTION for Extension of Time TO SERVE THE INDIVIDUAL DEFENDANTS , to MAG/JUDGE JOI ELIZABETH PEAKE (db) |
||
| Monday, January 20, 2025 | ||
| 19 | 19
respm
Response in Opposition to Motion
Mon 01/20 5:23 PM
RESPONSE in Opposition re11 MOTION to Dismiss Amended Complaint filed by CABARRUS COUNTY BOARD OF EDUCATION filed by CATHERINE GULLEDGE(as Guardian Ad Litem for A.C., a minor), DAVID GULLEDGE, CATHERINE GULLEDGE. Replies due by 2/3/2025 (PELLINGTON, JOSEPH) |
|
| Friday, January 17, 2025 | ||
| 18 | 18
motion
Extension of Time-Other
Fri 01/17 2:31 PM
MOTION for Extension of Time TO SERVE THE INDIVIDUAL DEFENDANTS by CATHERINE GULLEDGE(as Guardian Ad Litem for A.C., a minor), DAVID GULLEDGE, CATHERINE GULLEDGE.(PELLINGTON, JOSEPH) |
|
|
Att: 1
Text of Proposed Order Proposed Order
|
||
| Wednesday, January 15, 2025 | ||
| 17 | 17
service
Summons Reissued
Wed 01/15 12:04 PM
Summons Reissued as to TANYA STATON, WILLIAM DAVIS. (lg) |
|
|
Att: 1
Summons Reissued as to Tanya Staton
|
||
| Tuesday, January 14, 2025 | ||
| 16 | 16
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Tue 01/14 5:33 PM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 01/14/2025, that Motion for Extension of Time [Doc. #15 ] is GRANTED, and the time for Plaintiffs to respond to the Motion to Dismiss is extended to and include Monday, January 20, 2025. (lg) |
|
| Friday, January 10, 2025 | ||
|
utility
Motions Referred
Fri 01/10 7:16 AM
Motion Referred: RE:15 MOTION for Extension of Time to File Response/Reply as to12 Declaration,13 Affidavit,11 MOTION to Dismiss Amended Complaint ,14 Brief , to MAG/JUDGE JOI ELIZABETH PEAKE (db) |
||
| Thursday, January 09, 2025 | ||
| 15 | 15
motion
Extension of Time to File Response/Reply
Thu 01/09 4:32 PM
MOTION for Extension of Time to File Response/Reply as to12 Declaration,13 Affidavit,11 MOTION to Dismiss Amended Complaint ,14 Brief by CATHERINE GULLEDGE(as Guardian Ad Litem for A.C., a minor), DAVID GULLEDGE, CATHERINE GULLEDGE.(PELLINGTON, JOSEPH) |
|
|
Att: 1
Text of Proposed Order Proposed Order Granting Plaintiff's Motion
|
||
| Friday, December 20, 2024 | ||
| 14 | 14
respm
Brief
Fri 12/20 12:40 PM
BRIEF re11 MOTION to Dismiss Amended Complaint In Support of by Defendant CABARRUS COUNTY BOARD OF EDUCATION filed by CABARRUS COUNTY BOARD OF EDUCATION.(SMITH, DANIEL) |
|
|
Att: 1
Exhibit 1
|
||
| 13 | 13
misc
Affidavit
Fri 12/20 12:38 PM
AFFIDAVIT re11 MOTION to Dismiss Amended Complaint Melody Coons filed by Defendant CABARRUS COUNTY BOARD OF EDUCATION.(SMITH, DANIEL) |
|
|
Att: 1
Exhibit
|
||
| 12 | 12
misc
Declaration
Fri 12/20 12:21 PM
DECLARATION re11 MOTION to Dismiss Amended Complaint of Jeff Mitchell by Defendant CABARRUS COUNTY BOARD OF EDUCATION. (SMITH, DANIEL) |
|
| 11 | 11
motion
Dismiss
Fri 12/20 12:20 PM
MOTION to Dismiss Amended Complaint by CABARRUS COUNTY BOARD OF EDUCATION. Response to Motion due by 1/10/2025 (SMITH, DANIEL) |
|
| Wednesday, December 11, 2024 | ||
| 10 | 10
motion
Extension of Time to File Answer
Wed 12/11 12:42 PM
Consent MOTION for Extension of Time to File Answer re9 Amended Complaint by CABARRUS COUNTY BOARD OF EDUCATION.(SMITH, DANIEL) |
|
|
Att: 1
Text of Proposed Order
|
||
|
order
Order on Motion for Extension of Time to Answer
Wed 12/11 1:39 PM
TEXT ORDER granting10 Motion for Extension of Time to Answer, filed by CABARRUS COUNTY BOARD OF EDUCATION. Answer to Amended Complaint due by 12/20/2024. Signed by Lawrence H. Cunningham, Clerk of Court, on 12/11/2024. (lhc) |
||
| Friday, November 29, 2024 | ||
| 9 | 9
cmp
Amended Complaint
Fri 11/29 10:13 AM
First AMENDED COMPLAINT against defendant All Defendants, filed by CATHERINE GULLEDGE(as Guardian Ad Litem for A.C., a minor), CATHERINE GULLEDGE, DAVID GULLEDGE.(PELLINGTON, JOSEPH) |
|
| Monday, November 18, 2024 | ||
|
order
Order on Motion for Extension of Time to Answer
Mon 11/18 4:14 PM
ORDER granting8 Motion for Extension of Time to Answer for CABARRUS COUNTY BOARD OF EDUCATION. Answer due by 12/4/2024. Signed by John Brubaker, Clerk of Court, on 11/18/2024. (jsb) |
||
| Friday, November 15, 2024 | ||
| 8 | 8
motion
Extension of Time to File Answer
Fri 11/15 4:18 PM
MOTION for Extension of Time to File Answer re2 Complaint, by CABARRUS COUNTY BOARD OF EDUCATION.(SMITH, DANIEL) |
|
|
Att: 1
Text of Proposed Order
|
||
| Monday, November 04, 2024 | ||
| 7 | 7
notice
Notice of Attorney Appearance
Mon 11/04 1:43 PM
NOTICE of Attorney Appearance by attorney ELIZABETH LEA TROUTMAN on behalf of Defendant CABARRUS COUNTY BOARD OF EDUCATION (TROUTMAN, ELIZABETH) |
|
| Friday, November 01, 2024 | ||
| 6 | 6
notice
Notice of Right to Consent
Fri 11/01 8:14 AM
Notice of Right to Consent. (sh) |
|
|
Att: 1
Consent Form
|
||
| 5 | 5
service
Summons Issued
Fri 11/01 8:12 AM
Summons Issued as to All Defendants. (State Court documents originally filed in Cabarrus County Superior Court, case number 24CVS003448-120, issued 9/20/2024, listed as Exhibit B to1 Petition for Removal.) (sh) |
|
|
utility
Case Assigned
Fri 11/01 8:09 AM
Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOI ELIZABETH PEAKE. (sh) |
||
|
utility
Case Referred to Mediation
Fri 11/01 8:10 AM
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (sh) |
||
| Thursday, October 31, 2024 | ||
| 4 | 4
notice
Notice of Attorney Appearance
Thu 10/31 3:53 PM
NOTICE of Attorney Appearance by attorney DANIEL F. E. SMITH on behalf of Defendant CABARRUS COUNTY BOARD OF EDUCATION (SMITH, DANIEL) |
|
| 3 | 3
misc
ECF 30 Day Notice
Thu 10/31 2:41 PM
ECF 30 Day Notice as to Attorney ZACHARY R. SNYDER. ECF 30 Day Notice due by 12/2/2024. (sh) |
|
| 2 | 2
cmp
Complaint
Thu 10/31 2:30 PM
COMPLAINT (JURY TRIAL DEMANDED) against All Defendants, filed by CATHERINE GULLEDGE (as Guardian Ad Litem for A.C., a minor), CATHERINE GULLEDGE, DAVID GULLEDGE. (State Court documents originally filed in Cabarrus County Superior Court, case number 24CVS003448-120, listed as Exhibit C to1 Petition for Removal.) (sh)(sh) |
|
| 1 | 1
cmp
Complaint
Thu 10/31 12:09 PM
PETITION FOR REMOVAL from Cabarrus County Superior Court, 24CVS003448-120, against Plaintiffs ( Filing fee $ 405 receipt number ANCMDC-3949995.), filed by CABARRUS COUNTY BOARD OF EDUCATION.(SMITH, DANIEL) Modified on 10/31/2024 to correct event used and add State court information. (sh) |
|
|
Att: 1
Exhibit A-Register,
|
||
|
Att: 2
Exhibit B-Summonses,
|
||
|
Att: 3
Exhibit C-Complaint,
|
||
|
Att: 4
Exhibit D-Acceptance
|
||